S.B. No. 731
  relating to the attorney general's legal sufficiency review of a
  comprehensive development agreement.
         SECTION 1.  Section 371.051, Transportation Code, is amended
  to read as follows:
  (a)  A toll project entity may not enter into a comprehensive
  development agreement unless the attorney general reviews the
  proposed agreement and determines that it is legally sufficient.
         (b)  A toll project entity shall pay a nonrefundable
  examination fee to the attorney general on submitting a proposed
  comprehensive development agreement for review.  At the time the
  examination fee is paid, the toll project entity shall also submit
  for review a complete transcript of proceedings related to the
  comprehensive development agreement.
         (c)  If the toll project entity submits multiple proposed
  comprehensive development agreements relating to the same toll
  project for review, the entity shall pay the examination fee under
  Subsection (b) for each proposed comprehensive development
         (d)  The attorney general shall provide a legal sufficiency
  determination not later than the 60th business day after the date
  the examination fee and transcript of the proceedings required
  under Subsection (b) are received. If the attorney general cannot
  provide a legal sufficiency determination within the
  60-business-day period, the attorney general shall notify the toll
  project entity in writing of the reason for the delay and may extend
  the review period for not more than 30 business days.
         (e)  After the attorney general issues a legal sufficiency
  determination, a toll project entity may supplement the transcript
  of proceedings or amend the comprehensive development agreement to
  facilitate a redetermination by the attorney general of the prior
  legal sufficiency determination issued under this section.
         (f)  The toll project entity may collect or seek
  reimbursement of the examination fee under Subsection (b) from the
  private participant.
         (g)  The attorney general by rule shall set the examination
  fee required under Subsection (b) in a reasonable amount and may
  adopt other rules as necessary to implement this section.  The fee
  may not be set in an amount that is determined by a percentage of the
  cost of the toll project.  The amount of the fee may not exceed
  reasonable attorney's fees charged for similar legal services in
  the private sector.
         SECTION 2.  The requirements of Section 371.051,
  Transportation Code, as amended by this Act, apply only to a
  comprehensive development agreement submitted to the office of the
  attorney general on or after the effective date of this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 731 passed the Senate on
  March 31, 2011, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 27, 2011, by the
  following vote: Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 731 passed the House, with
  amendment, on May 24, 2011, by the following vote: Yeas 139,
  Nays 0, two present not voting.
  Chief Clerk of the House